Articles Tagged with medical malpractice

file0001812797650If your doctor is on probation due to medical negligence or for committing a serious surgical error, how will you know? According to a recent report from KQED News and California Healthline, proposed legislation “would have required doctors and other medical [professionals] to notify their patients if they were on probation for serious infractions.” However, as the report explains, the California Senate rejected the legislation, meaning that there will be no law in place—at least not in the very near future—that will require physicians to inform their patients about their severe mistakes.

Details of the Proposed Legislation and its Limited Application


As the report explains, the proposed legislation did not aim to require all doctors and other healthcare professionals who have been cited for any and all forms of medical negligence to tell their patients. The bill only “would have applied to a tiny pool of practitioners—those disciplined for serious offenses such as gross negligence, sexual misconduct, substance abuse, or a felony conviction related to patient care.”

19-08-6Can the increasing use of electronic records at hospitals and other medical facilities result in more medical mistakes? According to a recent article from Medscape, electronic health records in emergency departments could be leading to preventable medical errors. In most circumstances, we might assume that the use of electronic health records would help healthcare facilities to avoid the kinds of mistakes that result from human error. However, as the article suggests, human error can still factor into electronic health databases—and in fact might be more of an issue than before the age of electronic health records.

Wrong Files, Wrong Clicks, and Misinformation


It is all too easy, as the article intimates, for a mouse to slip and for an emergency room physician to click on the wrong file or to enter a dosage number that is much larger than it is supposed to be. At the same time, other employees tasked with entering information such as symptoms into a patient’s file might misread a name or enter that information into the wrong section, resulting in a misdiagnosis or delayed diagnosis. To be sure, “these are easy mistakes to make,” and “as ER doctors and nurses grapple with the transition to digitized record systems, they seem to happen more frequently,” according to the article.

Opened First Aid Kit

Opened First Aid Kit

Does the failure to maintain a patient’s privacy ever rise to the level of medical negligence? According to a recent article from NPR, disclosing a patient’s health history under certain circumstances may in fact be grounds for a medical malpractice claim. What do you need to know about your privacy rights as a patient? When might a physician’s violation of those privacy rights lead to a successful lawsuit?

Breaches of Patient Safety May Amount to Medical Malpractice


Depending on the state you live in, courts may be more or less willing to consider a breach of privacy in relation to a medical negligence claim. Although California has not yet provided such a ruling, that fact alone does not mean that patients in our state should feel as though they do not have certain rights to privacy that patients in other states maintain.

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